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RESEARCHING
NEW MEXICO LAND GRANTS
By Jose L. Villegas,
Sr.
Land grants were made to individuals and communities
during the Spanish (1598-1821) and Mexican (1821-1846) periods of
New Mexico’s history. Because the Pueblo Revolt of 1680 destroyed
nearly all of the Spanish documents in New Mexico, we can only be
certain of land grants that were made after the Spanish Reconquest
of New Mexico in 1693. The two major types of land grants were private
grants made to individuals, and communal grants made to groups of
individuals for the purpose of establishing settlements. Communal
land grants were also made to Pueblos for the lands they inhabited.
In 1846 the United States began its occupation of
New Mexico, and in 1848 the Treaty of Guadalupe Hidalgo established
New Mexico as part of the United States. Article 8 of the treaty
stated that “property of every kind now belonging to Mexicans now
established there shall be inviolably respected.”
In 1854 the U.S. government established the office
of the Surveyor General of New Mexico to ascertain “the origin,
nature, character, and extent to all claims to lands under the laws,
usages, and customs of Spain and Mexico.” These duties included
making recommendations to Congress concerning the validity of land
grant claims. The Surveyor General considered approximately 180
claims (excluding Pueblo grants) and confirmed 46 of these non-Pueblo
grants. For various reasons that are discussed in the many books
about land grants, the Surveyor General was largely unsuccessful
in confirming the validity of New Mexican land grants. In 1891 the
US government established the Court of Private Land Claims to adjudicate
land grant claims in New Mexico and other states. Over its thirteen-year
history, the Court considered 282 claims to land grants in New Mexico
and confirmed 82 of these.
Throughout the 20th century legal battles over land
grant claims continued in New Mexico’s district courts. In the late
1990s New Mexico’s congressional delegation attempted to pass federal
legislation that would establish an entity to reconsider the confirmation
of New Mexican land grants and the validity of decisions previously
made by the Surveyor General and the Court of Private Land Claims.
The beginning of the 21st century has seen the resurgence
of interest in the validity of Spanish-and Mexican-period land grant
adjudications by the Surveyor General and the Court of Private Land
Claims. Concerned that Congress and the courts validated only 25
percent of the total land grant claims in New Mexico, the General
Accounting Office (GAO) was asked by Congress to investigate questions
concerning the Treaty of Guadalupe Hidalgo and the procedures by
which land grants were adjudicated in New Mexico. The GAO is the
investigative arm of Congress and exists to support Congress in
meeting its Constitutional responsibilities and to help improve
the performance and accountability of the federal government. It
has issued its first report, Treaty of Guadalupe Hidalgo: Definition
and List of Community Land Grants – Exposure Draft. This report
is available as a free download in English and Spanish at http://www.gao.gov.
Documents pertinent to the study of land grants are
available at the New Mexico State Archives. They are maintained
within some of the collections noted below:
Spanish Archives of New Mexico I (SANM I).
These are also known as the “Land Records of New Mexico” and are
a microfilm collection that contains the Surveyor General of New
Mexico and the Court of Private Land Claims case files.
District Court Records. These are organized
by county and contain litigation over land grants. Most of the district
court records at the State Archives date from the territorial period
(1851-1912). The subject card catalog in the Research Room will
usually include references to specific cases that involved land
grants.
Clark S. Knowlton Collection. Professor Knowlton’s
areas of research were the Mexican and Spanish Americans of the
Southwest and their loss of ancestral lands.
Land Grant Collection. These are Land grant
documents donated by various donors.
A.A. Jones Papers. The bulk of the collection
consists of legal papers, which include land grant case records
pertaining to the Maxwell, Preston Beck, Mora, Las Vegas, and Eaton
land grants.
Elisha V. and Boaz W. Long Papers. The collection
consists of Elisha V. and Boaz W. Long's personal, legal, and diplomatic
correspondence; legal and business records; manuscripts and reports;
clippings; and family papers. Noted subjects include the Anton Chico,
Las Vegas, Maxwell, Mora, Los Trigos, Pablo Montoya, and Pablo Melendres
land grants.
Eugene Fiske Papers. The collection consists
primarily of Fiske's professional papers and materials relating
to litigation over many New Mexico land grants. The collection also
includes a survey, plat, partition, and list of heirs for the Plaza
Colorado Land Grant, and testimony of New Mexico territorial governor
Donaciano Vigil concerning the Sierra Mosca and Preston Beck, Jr.
Land Grants.
Napoleon B. Laughlin Papers. The collection
consists of case files and a variety of documents such as wills,
deeds, and estate records from legal cases handled by Laughlin.
Series VII, VIII, IX, and X of the collection consist of documents
concerning many New Mexico land grants, including the Las Trampas,
Caja del Rio, Piedra Lumbre, Cieneguilla, Truchas, Antonio Martinez,
Arroyo Hondo, Rancho del Rio Grande, La Joya de Cevilleta, and Tome
land grants.
Edward L. Bartlett Papers. The collection consists
of Bartlett's official correspondence as Solicitor General of the
Territory of New Mexico (1890-1902) and professional papers from
his legal practice and other materials on New Mexico land grants,
and various political and legal issues in San Juan County and Santa
Fe.
Albert T. Rogers Family Papers. The bulk of
the collection consists of Albert Jr.’s business and legal papers
(1898-1956) and land grant case files involving the Maxwell, Preston
Beck, Anton Chico, and Mora land grants.
Amado Chaves Papers. The collection consists
of correspondence, personal papers, manuscripts, genealogies, and
clippings and subjects include land grants and titles.
The agency will also acquire the working papers of
the Guadalupe Hidalgo Task Force. This task force was established
by the State of New Mexico to review, monitor, and assist the GAO
in its investigation. Finding aids for the above collections may
be accessed through the Online Archives of New Mexico at http://elibrary.unm.edu/oanm.
The GAO has been collecting public comments on its
report. The comment period on the Exposure Draft originally had
been scheduled to expire on April 2, 2001. However due to the interest
in the issue, the GAO decided to extend the comment period through
May 2, 2001. Comments can be made through the GAO’s web page.
SANDOVAL COUNTY RECORDS
By Valerie Nye
Twenty newly accessioned volumes from Sandoval County,
dating from 1903 to 1929, are now available for researchers visiting
the State Records Center and Archives. These records from Sandoval
County are especially important, not only because they represent
Sandoval County’s earliest history but because they are among the
few documents that survived the Sandoval County Courthouse fire
on March 29, 1926. The records include deeds, mining records, wills,
and guardianship records.
Sandoval County was created in 1903 out of the northwest
portion of Bernalillo County. The location of Sandoval’s county
courthouse was apparently changed several times, but by 1926 it
was located in a large home owned by the Don Jose Leandro Perea
family in Bernalillo. The home, court dockets, treasurer records,
and county clerk documents were reported as losses at the time of
the fire. The Albuquerque Morning Journal reported on March
30, 1926 that the courthouse fire was caused by a spark from a defective
flue in the building. The Journal also
noted that the building was lined with shelves holding records that
quickly caught fire and spread the fire throughout the building
while county employees were at lunch.
Fortunately, the building contained two fireproof
safes in the basement. Citizens of Sandoval County dug through the
rubble of the adobe building in order to rescue the records held
in the basement safes. Due to the protective safes and the efforts
of the people of Sandoval County, these records have survived and
represent Sandoval County’s earliest years.
These records are described in the Sandoval County
(N.M.) Records finding aid and are available for research Monday
– Friday, 9:00 AM – 4:45 PM.
HISTORICAL RULES DATABASE
By John H. Martinez
[Note: Rules promulgated by executive branch agencies
must be filed within the New Mexico State Records Center and Archives,
and be published in the New Mexico Register, in order to be valid
and enforceable. These rules are permanent records. As such, when
they are repealed, they are removed from the active rules collection
housed in the State Rules Division and transferred to the State
Archives.]
The New Mexico State Records Center and Archives
announces the creation of the Historical Rules Database. This database,
currently available only in the State Archives Research Room, provides
an easy-to-use interface through which patrons can effectively search
the superseded or repealed State rules housed in the State Archives.
These rules were filed with the State Rules Division to support
State statutes; however, now that they have been replaced or repealed
they reside in the Historical Rules Collection at the State Archives.
By entering a keyword for an agency name, rule
number, or rule description, a patron can quickly find individual
rules that match the keyword. For example, if a patron enters the
word “milk” for the rule description, the search will show one rule
with the description of “Regulations Governing the Retail Sale of
Raw Milk,” another with “Pasteurized Milk Ordinance,” and another
with “Regulations Governing the Grading and Grade Labeling of Milk
And Milk Products.” If the word milk appears anywhere in the rule
description, the rule is included in the search result.
Patrons can also search by the date a rule was
filed with the State. If the patron knows the exact date, that date
can be entered and every rule filed on that day will be included
in the search result. If the exact date is not known, the search
can be expanded to include an entire month or year.
The Historical Rules Database does not contain
the actual text of the rule, only a brief description and, occasionally,
comments regarding the history of the rule. Once a patron finds
a rule in a search result, an archivist can use the box and sequence
number included in the search result to pull the paper copy from
the vault.
This new database will improve the efficiency of
finding and pulling rules from the Historical Rules Collection.
It will enable patrons to rapidly search the approximately 15,000
historical rules and amendments available at the State Archives.
During the next year, the Historic Rules Database will be integrated
into GENCAT, the database used for all documents in the State Archives,
so that a patron can include other archival materials in a search.
NEW MEXICO HISTORICAL RECORDS
ADVISORY BOARD AWARDS GRANTS
By Paula Flores
On March 5, 2001, the New Mexico Historical Records Advisory Board
met in Santa Fe to award grants to repositories throughout New Mexico
that maintain original, historical records. The call for grant proposals
was issued in November of 2000, with a submittal deadline of February
1, 2001.
The purpose of the Board is to recognize the cultural diversity
of the State, and advocate the preservation of, and stimulate access
to, its historical records. The Board accepts and reviews grant
proposals of statewide scope, with nationwide interest, that relate
to its goals and objectives. Eligible applicants are State and local
governmental entities and private record repositories. The Board
encourages projects that identify, preserve, increase accessibility
to, and promote the use of New Mexico’s historical records and documentary
sources. These documents represent the invaluable heritage of the
State and chronicle important historical developments and provide
valuable insight into our State’s and nation’s cultures.
The Board has established guidelines to ensure that applicants
demonstrate need, financially and programmatically, and show commitment
to solving their historical records problems. Projects must also
address the funding priorities of the New Mexico Historical Records
Advisory Board.
The grants listed below were awarded in the 2001 funding cycle.
New Mexico Highlands University received $1,491.75
to contract with an archivist to offer advice regarding operation
and preservation, with respect to the University Archives.
The Santa Fe County Clerk’s Office received $8,500.00
to microfilm all of the marriage records for 1900-1985, and safely
store the original books in acid-free boxes, thus preserving them.
The New Mexico Jewish Historical Society received
$614.00 to rehouse a portion of the Society’s collection—a total
of 35 linear feet of materials.
The New Mexico Council on Photography received a
grant for $8,500.00 to create a pilot program that will lead to
a comprehensive directory of photographic collections within New
Mexico.
New Mexico State University received a total of $8,500.00
to preserve, and make available for research, the Clyde W. Tombaugh
papers. This collection of material is extremely important in documenting
the history of planetary science in New Mexico.
The City of Truth or Consequences received $3,803.00
to preserve and transfer 50,000 pages of historical documents from
paper format to microfilm.
The Ghost Ranch Conference Center received $6,900.00
to preserve, and make accessible to the public, its collection relating
to the history of the Ghost Ranch. The project includes creating
finding aids for all its records.
The City of Las Cruces was awarded $2,455.00 to stabilize
and protect 15 cubic feet of records that are at risk of deterioration.
The Lincoln County Historical Society was granted
a total of $2,885.00 to re-master 126 existing oral history tapes
onto optical disk.
The Chaves County Clerk’s Office was awarded $2,550.00
to microfilm the original County plats that date back to 1891.
The Tularosa Basin Historical Society received $2,000.00
to convert existing oral histories from tape to audio CD’s. The
society has since declined the award.
For more information on funding available through the New Mexico
Historical Records Advisory Board, please contact Erica Garcia,
Grant Administrator, at 476-7936.
MEMBERS OF THE COMMISSION OF PUBLIC
RECORDS
Stan Hordes, Ph.D.,
Chairman
Historian
The Honorable
Patricia Madrid,
Attorney General
The Honorable
Domingo Martinez,
State Auditor
The Honorable
Rebecca Vigil-Giron,
Secretary of State
Steven Beffort,
Secretary
General Services Department
Thaddeus Bejnar,
Law Librarian
New Mexico Supreme Court Law Library
Thomas Wilson,
Director,
Museum of New Mexico
Any questions or comments
may be directed to Elaine Olah, State Records Administrator at
(505) 476-7902. If you are interested in receiving copy
of our newsletter, contact Paula Flores at (505) 476-7902, by
e-mail at pflores@rain.state.nm.us, or by mail at NM State Records
Center and Archives, 1205 Camino Carlos Rey, Santa Fe, New Mexico
87505.
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